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DEPT. OF AIR FORCE v. FLRA

Nos. 87-1282, 87-1038 and 87-1039.

877 F.2d 1036 (1989)

DEPARTMENT OF the AIR FORCE, SACRAMENTO AIR LOGISTICS CENTER, McCLELLAN AIR FORCE BASE, CALIFORNIA, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, American Federation of Government Employees, AFL-CIO, Local 3854, Intervenor. DEPARTMENT OF the AIR FORCE, HEADQUARTERS AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, American Federation of Government Employees, AFL-CIO, Intervenor. AIR FORCE LOGISTICS COMMAND, McCLELLAN AIR FORCE BASE, CALIFORNIA, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, American Federation of Government Employees, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1989.

Attorney(s) appearing for the Case

Dwight G. Rabuse, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., and Douglas N. Letter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for petitioners.

Robert J. Englehart, Attorney, Federal Labor Relations Authority, with whom William E. Persina, Acting Sol., Federal Labor Relations Authority, and Arthur A. Horowitz,,

Associate Sol., Federal Labor Relations Authority, Washington, D.C., were on the brief, for respondent.

Stuart A. Kirsch and Mark D. Roth, Washington, D.C., were on the brief, for intervenor.

Before MIKVA, SILBERMAN, and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The issue in these consolidated cases is whether the Federal Labor Relations Authority ("FLRA" or "Authority") may direct federal agencies to pay travel expenses and per diems to their employees who are required to appear at FLRA proceedings. We find that these cases are controlled by Bureau of Alcohol, Tobacco, and Firearms v. FLRA, 464 U.S. 89

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